September 21,2015 DATE REQUEST FOR COUNCIL ACTION AMENDED3N AGENDA ITEM ORIGINATING DEPT AGENDA ITEM CITY ADMINISTRATOR APPROVAL Administration Ordinance No. 15-13 Amending Maple Grove City Code Chapter 4 Liquor Regulations, Chapter 10 Tobacco Regulations and Section 16-81 Fees PREVIOUS ACTIONS: None. RECOMMENDED COUNCIL ACTION: Motion to adopt Ordinance No. 15-13 amending Maple Grove City Code Chapter 4 Liquor Regulations, City Code Chapter 10 Tobacco Regulations and Maple Grove City Code Section 16-81 Schedule of License and Permit Fees. Motion to adopt Summary Ordinance No. 15-13 to reduce publication costs. COMMENTS: Ordinance 15-13 achieves some housekeeping changes in Chapter 4 Liquor Regulations which include clarification of certain alcohol license application requirements such as outdoor seating, mandatory alcohol compliance training and the schedule oflicense fees as well as amends Chapter 10 Tobacco Regulation to include a recent Code of Federal Regulation requirement related to child-resistant packaging as it applies to tobacco licensees. Ordinance No. 15-13 has been revised with the following (Section 4 - Page 3): All newly-hired managers and employees must complete the alcohol compliance training within six months of the first date of employment by the licensee. Failure to comply with this provision shall be a sufficient basis for denial, suspension, or non-renewal of any license. Compliance with this provision does not alleviate applicants or their managers or employees from civil or criminal penalties for violation of this chapter. Council consideration and approval is appreciated.
ORDINANCE NO. 15-13 CITY OF MAPLE GROVE AN ORDINANCE AMENDING MAPLE GROVE CITY CODE CHAPTER 4 LIQUOR REGULATIONS, CITY CODE CHAPTER 10 TOBACCO REGULATIONS AND MAPLE GOVE CITY CODE SECTION 16-81 SCHEDULE OF LICENSE AND PERMIT FEES THE CITY COUNCIL OF THE CITY OF MAPLE GROVE DOES ORDAIN: SECTION 1. AMENDMENT. Maple Grove City Code Section 4-3 is hereby amended as set forth below by adding the underlined language and deleting the strikethrough language as follows: Sec. 4-3. - Definitions. Interest includes any pecuniary interest in the ownership (of tee: twenty percent or greater), operation, management, or profits of a retail liquor establishment, and a person who receives money from time to time directly or indirectly from a licensee, in the absence of consideration and excluding gifts or donations, has a pecuniary interest in the retail license. SECTION 2. AMENDMENT. Maple Grove City Code Section 4-7 is hereby amended as set forth below by adding the underlined language and deleting the strikethrough language as follows: Sec. 4-7. - Types of intoxicating liquor licenses. (1) On-sale intoxicating liquor, which may be issued only to restaurants as defined in section 4-3 of this article, and to clubs and hotels as defined in Minn. Stats 340A.101, as it may be amended from time to time and shall permit the sale and consumption of alcoholic beverages on the licensed premises only. Club licenses may be issued only with the approval of the commissioner of public safety. (10) On-sale culinary class license, which may be issued to a business establishment that is not otherwise eligible for an on-sale intoxicating liquor license that, as part of its business, conducts culinary or cooking classes for which payment is made by each participant or advance reservation is required. This license authorizes the licensee to furnish to each participant in each class, at no additional cost to the participant, up to six ounces of wine or 12 ounces of intoxicating malt liquor during amd as part of the class, for consumption on the licensed premises only. Any such licenses shall be issued pursuant to Minn. Stat. 340A.4041 as may be amended from time to time. 1
SECTION 3. AMENDMENT. Maple Grove City Code Section 4-10 is hereby Sec. 4-10. - Application for license. (e) The applicantiea shall submit a specifically descrieeption and a site plan clearly showing the compact and contiguous premises area within which liquor may be dispensed and consumed (the "licensed premises"). The interior of the building and any permanently constructed and attached deck, patio, or exterior space may be included as part of the licensed premises, provided any such deck, patio, or exterior space is completely enclosed by a physical barrier and access to it is secure and controlled by the licensee. The description may not include any parking lot or side\valk. An application for the proposed enlargement, alteration, or extension of any existing licensed premises previously licensed shall be provided to the city clerk at least 60 days prior to such proposed enlargement, alteration, or extension and shall be treated the same as an application for a new license. Failure to obtain approval for any file an application for such enlargement, alteration, or extension shall be grounds for revocation, suspension, or non-renewal of any license. No application for a license or for enlargement, alteration, or extension will be considered by the City Council until a complete application is received and approved by City staff. All premises licensed under this article shall be in compliance with all federal, state, municipal, building, zoning, and fire codes and regulations- and Ffailure to comply with any such federal, state, municipal, building, zoning and fire regulations shall be grounds for revocation, suspension, or non-renewal of any license. SECTION 4. AMENDMENT. Maple Grove City Code Section 4-11 is hereby (5) l\:11 applicants, new or rene'vvals, shall attend a mandatory alcohol compliance training session prior to license. 'rhe training session shall be presented by an individual, knowledgeable and trained in alcohol compliance, and degignated by the City of Maple Grove and at time prescribed by the city. The city shall not accept any substitute training. A certificate indicating proof of such training is reqllired and such certificate shall be maintained on the premises of the licensed establishment and a copy provided to the city at tho time of application or ron H'laL Any application not containing the certificate of training shall be incomplete. Attendance at the training session does not alleviate applicants from civil and/or criminal penalties for a violation of this chapter. Alcohol compliance training is mandatory for all managers and emplovees involved in the service of intoxicating liquor of all applicants for new or renewal licenses under this chapter. Such training shall be conducted in a time, place, and manner designated by the city and no substitute training shall be accepted. Licensees must maintain a certificate indicating 2
proof of completion of such training on the licensed premises at all times for each sllch manager and employee. All newly-hired managers and employees must complete the alcohol compliance training within six montlts o(tlte first date o(employment by the licensee. Failure to comply with this provision shall be a sufficient basis for denial, suspension, or non-renewal of any license. Compliance with this provision does not alleviate applicants or their managers or employees from civil or criminal penalties for violation of this chapter. SECTION 5. AMENDMENT. Maple Grove City Code Section 4-17 is hereby Sec. 4-17. - Transfer of intoxicating liquor licenses. (b) Each corporate licensee having a change in ownership often percent or more of the stock of the corporation shall report to the clerk within ten days prior to each and any proposed change of legal ownership or beneficial interest in any of its shares of stock. (3) Each such proposed transfer shall require the city's approval. Upon review and approval by the city, a corporate licensee may provide for a plan of transition to the new ownership through a management agreement. SECTION 6. AMENDMENT. Maple Grove City Code Section 4-21 is hereby (6) No on-sale, Sunday sale, or off-sale license shall be effective beyond the compact and contiguous space named in the license granted, except that the council may permit the following: c. Sales of alcoholic beverages shall be in the licensed premises only and shall not be allowed in any unlicensed areas adjacent to the licensed premises, including, but not limited to, parking lots and sidevffilks. SECTION 7. AMENDMENT. Maple Grove City Code Section 4-24 is hereby 3
Sec. 4-24. - Penalties for violation of article or state law. (a) Any licensee, responsible party or other person violating any provision of this article or Minn. Stats. ch. 340A, as it may be amended from time to time, or any rules promulgated under that chapter, is guilty of a misdemeanor the crime specified therein and upon conviction shall be punished criminally as provided by law. SECTION 7. AMENDMENT. Maple Grove City Code Section 10-572 is hereby Sec. 10-572. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Child-resistant packaging is defined as set forth in Code of Federal Regulations, title 16, section 1700.15(b)(1) as in effect on January 1, 2015, when tested in accordance with the method described in Code of Federal Regulations, title 16, section 1700.20, as in effect on January 1,2015. SECTION 8. AMENDMENT. Maple Grove City Code Section 10-577 is hereby Sec. 10-577. - Prohibited sales. It shall be a violation of this article for any person to sell or offer to sell, with or without a license required by this article, directly or indirectly, any tobacco, tobacco product, or tobacco-related device as follows: (5) It shall be unlawful to sell any liquid, whether or not such liquid contains nicotine, that is intended for human consumption and use in a tobacco-related device that is not contained in child-resistant packaging. (3-Q) It shall be unlawful to sell or offer to sell items containing opium, morphine, jimsonweed, belladonna, strychnia, cocaine, marijuana, or other type of deleterious, hallucinogenic, or toxic or controlled substance, except nicotine, and not naturally found in tobacco or tobacco products. 4
(61) It shall be unlawful to sell or offer to sell such items by any other means, or to any other person, prohibited by federal, state, or other local law, ordinance provision, or other regulation. If there is a conflict between regulations, the more restrictive shall apply. SECTION 9. AMENDMENT. Maple Grove City Code Section 16-81 is hereby Sec. 16-81. - Schedule of license and permit fees. No person shall engage in the types of activity mentioned in this section and being issued a license or permit for such ivity /Type of License, Permit or Fee Conditions and Terms Amount CHAPTER 4-ALCOHOLIC BEVERAGES ] ticati liquor license: See alse seetiens 4 ~~, 4 ~9, 4 46 On-ssale Intoxicating: Annual en '7 AAA AA 'VVV v, '" Restaurant/Hotel effeeti'/e fef tfie year ~QQ8 8,000.00 effeetive Jafluary 1, ~ Hetel ;Z,QQQ.QQ effeesive fef the yeaf ~QQ8 8,QQQ.QQ effeetive JafluafY 1, ~, Brewer Taproom Annual 600.00 0~ -~~.;_.l,,. "-'_...,_......_.._... t-'.l.v... ---... S,SQQ.QQ Brew Pub Off Sale Annual 200.00 Brewer Off-s_S_ale Annual 200.00 5
, : On-s.s_ale wwine Annual 2,000.00 Off-s.s_ale Annual 200.00 GIttb Annual rsc.oo Sunday sale Annual 200.00 On sale temporary Not to e)weed 3 days so.oo TemQorary 3.2 Qercent malt Jiguor license Minn. Stat. 340A.503, subd. 2 No fee,,_ ~~1~'.1, / #jt "HlpUlal)' On-Sale Liquor,",,_L '" t, _.. '_".ll.lj.lv... ""... _.. ~ ~~J \1-'-' J,,1'.-.1 Stat....,.. License 340AAIO, Subd. 10 No fee '1_ c-,'" V~ -._- On-sale culinary class Annual 100.00 Indi'Aeuallieensee ~ Partnersfiipkorpomtion soc.co Authorization to dispense intoxicating liquor in the Maple Grove licensee 25.00 Maple Grove Community Center Adjacent city licensees 50.00 :3 percent malt liquor license (beer): See also seetion 4 +3 On-sale Per year 300.00 Off-sale Per year 35.00 On sale elub Per year aoo.oo Not to exeeed five days; fee may be Speeial permit on sale ~ waivee by eouneil Investigation fee ~ Inn fee j Individual license 250.00 6
II Partnership/corporation SECTION 10. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publications as required by law. 2015. Adopted by the City Council of the City of Maple Grove this 21 st day of September ATTEST: Mark Steffenson, Mayor Al Madsen, City Clerk Published in the Osseo-Maple Grove Press: Thursday, October 1,2015. 7